| Citation(s) |
|---|
| 2005 SLG 1152 2005 SLD 1152 2005 CLC 292 |
Lahore High Court
W.P. No.3901 of 2004, decision dated: 8-09-2004.
SH. HAKIM ALI, J
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W.P. No.3901 of 2004, decision dated: 8-09-2004.
SH. HAKIM ALI, J
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Mst. ZOHRA KAUSAR SAIMA
VS
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KAROR, DISTRICT LAYYAH and 2 others
Law:
Section:
(a) West Pakistan Family Courts Act (XXXV of 1964)---------S. 17---Constitution of Pakistan, 1973, Art. 199---Constitutional petition---Suit for jactitation of marriage---Validity of Nikahnama--Petitioner had challenged the validity of Nikahnama in suit for jactitation of marriage and in the alternative decree for dissolution of marriage on ground of Khula was also claimed---Trial Court dismissed the plea of jactitation but decreed the suit for dissolution of marriage on ground of Khula'---Such decree was upheld in appeal---Validity---Documentary evidence was produced in form of affidavits attested by the Magistrates and affidavits attached with the Constitutional petition where she claimed to be legally wedded wife of respondent---Daughter was born in wedlock---Question of correct parentage of the child was also involved--Courts have always shown reluctance to such an interpretation of matrimonial contracts which would stigmatize a child---No useful material was produced to prove her case---Constitutional petition was dismissed in limine. Manzoor Hussain v. Zahoor Ahmad and 4 others 1992 SCMR 1191; Major Sher Afzal v. Shamim Firdaus and another PLD 1980 SC 228 cited. (b) Islamic Law----- ----Marriage---Petitioner's admission in her statement that she had been wandering from place to place when she had many chances of open space and place to flee and return to her parent's house--Her preference to remain in the state of continuous cohabitation for period of more than one and a half year was itself best proof of existence of marriage. Chandu Lal v. Bibi Khatemonnessa AIR 1943 Cal. 76; Chochalingam v. Sami Battar AIR 1925 Mad. 426 and Bashir Ahmad and others v. Ilam Din and others PLD 1988 SC 8 ref. Ch. Muhammad Akram for Petitioner. ORDER Through this writ petition, judgment and decree, dated 21-4-2004, passed by learned Additional District Judge; Karor District Layyah has been challenged, which has upheld the judgment and decree dated 9-12-2003 of learned Judge, Family Court, Karor in a suit titled Zohra Kausar v. Ibrar Hussain suit for jactitation of marriage, filed by the present petitioner. 2. Brief facts of the case as found from the pleadings and…
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